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Regular City Council Meeting Monday, April ll, 2016 Page 14 to move beyond staff's expertise rather than depend on their objective expertise to apply code and move forward. Specifically Mr. Crain opined that the Commission had moved far beyond city code in stating that a fence rather than screening for parking needed to be on the property line and doors closed during production ac- tivities. With respect to the fence, Mr. Crain opined that moving the fence from where staff recommended to the property line did not actually affect the condition being applied for today, and the actual permitted use, comparing other uses this could be (e.g. daycare or liquor store) where no fence would be needed. Instead, Mr. Crain advised that Vogel Mechanical was seeking a CU for one employee to occasional- ly stage and form sheet metal for a particular job off-site. Under those circum- stances and from his perspective, Mr. Crain questioned the connection between the activity itself and the location of the fence. Mr. Crain noted that the intent was to screen the property, and the only benefit in placing the fence on the proper- ty line appeared to him to allow the adjacent residential properties to have a nice new fence, and having nothing to do with the actual use of the Vogel property. With respect to closing and opening doors, Mr. Crain opined that he found that to be an enforcement issue, and questioned how and when that enforcement would be realistic or whether it would be enforced by the neighbors keeping watch and taking photos whenever the doors are opened to ensure Vogel Mechanical was following the rules. If the intent was to get to a potential noise issue, Mr. Crain opined that if that became a potential issue, there were already noise ordinances in effect in the city for staff enforcement, similar to potential issues with smell or other things. Mr. Crain stated that he has no doubt that any issues occur he would guarantee they would be brought to staff's.attention, but restated that the Vogels intended to stay. As a follow-up on the easement, Mayor Roe aslced if Ms. Vogel or Mr, Crain had any information with them to submit on the easement agreement or applicable re- strictions on the easement that could serve to enlighten the City Council. Mr. Crain advised that, as part of the record, staff had previously been presented with information from CenturyLink addressing underground cables and their con- ditions for fence installation, 2' from that cable, which appeared to meander some. Ms. Vogel spoke to the 10' utility easement on the north side of their property. Mr. Crain referenced language in the Vogel deed about lines above and below and referencing any encroachment; however he could not stretch that to conclude there was an easement, suggesting a simple Quit Title action could remove any doubt.